§ 43-8-226 — Specific Devise of Securities; Change in Securities; Accessions; Nonademption

Alabama § 43-8-226

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 8: Probate Code
• Art. 8: Construction of Wills

Text

(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:
(1) As much of the devised securities as is a part of the estate at time of the testator’s death;
(2) Any additional or other securities of the same entity derived from the securities specifically devised and owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options;
(3) Securities of another entity derived from the securities specifically devised and owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and
(4) Any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company, which is defined in Section 851 of the Federal Internal Revenue Code of 1954 as amended.
(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.

Legislative History

(Acts 1982, No. 82-399, §2-607.)